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Payroll Services Letter - Program Support Center

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<strong>Payroll</strong> <strong>Services</strong> <strong>Letter</strong><br />

Number: PS05-09.2<br />

Date: June 16, 2008 (Revised May, 2009)<br />

Subject: Debt Collections<br />

Category: Debt Management<br />

________________________________________________________________<br />

Reference: PS05-09.1, Subject: Debt Collections dated June 16, 2008. PS05-<br />

09.2 supersedes PS05-09.1. Please replace that letter with this one.<br />

Purpose<br />

This letter is to inform the Department of Health and Human <strong>Services</strong> (HHS) Human<br />

Resource (HR) <strong>Center</strong>s and Operating Divisions (OPDIV) of payroll procedures for debt<br />

collections. The changes will be implemented as part of the conversion of the HHS<br />

payroll system to the Defense Civilian Pay System (DCPS) operated by the Defense<br />

Finance and Accounting Service (DFAS), our new payroll provider.<br />

The DFAS Cleveland (DFAS-CL) <strong>Payroll</strong> Office will notify employees directly<br />

regarding employee debts.<br />

Debt collections fall into one of four categories:<br />

A. Salary Debts<br />

B. Administrative and Non-Salary Debts<br />

C. Court Ordered Garnishments<br />

D. Separated Employee Salary Debts<br />

Salary Debts<br />

_ _ _ _ _ _ _ _ _ _ _ _<br />

Salary debts can occur when time and attendance information is corrected or changed for<br />

a previous pay period or when retroactive personnel actions are processed that changes<br />

the salary or pay entitlements. This includes any overpayment that is attributable to<br />

clerical errors, administrative errors, or delays in processing pay documents. This also<br />

includes Health Benefits debts for employees who are on leave without pay (LWOP) or<br />

who have insufficient salary to cover health benefits premiums. Salary debts are<br />

classified as either routine debts or non-routine (full due process) debts.<br />

PS05-09.2 Page 1 of 18


Routine Debt<br />

A routine debt is defined as a salary overpayment having an amount of $50.00 or less, or<br />

one that is greater than $50.00 but is identified within four pay periods. The collection<br />

of a routine debt will begin in the pay period that it is identified by the payroll office.<br />

There will not be a delay in starting the collection of newly identified routine debt. A<br />

remark will appear on the Leave and Earnings Statement (LES) in the pay period the<br />

collection is started. The remark will include the amount being collected in the current<br />

pay period, the gross amount of the debt, what caused the debt (time and attendance or<br />

personnel action) and a contact phone number for the DFAS debt processing team.<br />

The following is an example of a remark that may appear on the LES for each deduction<br />

taken:<br />

$__________COLLECTED THIS PAY PERIOD FOR $__________.___ (LESS<br />

AMT APPLIED LEAVES A REMAINING BALANCE $__________.___)<br />

_______________________ CORRECTION DEBT IN ACCORDANCE WITH<br />

DEBT COLLECTION IMPROVEMENT ACT OF 1996. POC: PAYROLL<br />

OFFICE CUSTOMER SERVICE DESK, 1 (800) 729-3277.<br />

The deduction amount may not exceed 15 percent of disposable net pay unless the<br />

employee gives written consent. If the total amount of the debt exceeds this limitation,<br />

the initial deduction will be for the full 15 percent and remaining deduction amounts will<br />

be 15 percent until the debt has been satisfied.<br />

Non-Routine Debts<br />

A non-routine debt is any salary overpayment greater than $50 that was not identified<br />

within four pay periods in which the debt was incurred. This is considered a debt<br />

requiring full due process. Due process includes giving the employee written<br />

notification, which includes information about submitting payments, and the employee’s<br />

rights to request a hearing or a waiver.<br />

If the employee does not repay the debt or contact the payroll office to establish a<br />

repayment schedule within 30 days, the DFAS-CL <strong>Payroll</strong> Office will begin collection of<br />

the debt by salary offset at 15 percent of their disposable net pay.<br />

The following is an example of a remark that may appear on the LES for each deduction<br />

taken:<br />

$__________COLLECTED THIS PAY PERIOD FOR $__________.___ (LESS<br />

AMT APPLIED LEAVES A REMAINING BALANCE $__________.___)<br />

_______________________ CORRECTION DEBT IN ACCORDANCE WITH 5<br />

U.S.C. 5514. POC: PAYROLL OFFICE CUSTOMER SERVICE DESK,<br />

1 (800)729-3277.<br />

PS05-09.2 Page 2 of 18


Health Benefit Debts<br />

During periods of leave without pay or insufficient pay, employees participating in the<br />

Federal Employees Health Benefits <strong>Program</strong> (FEHB) are indebted for the amount of the<br />

employee’s portion of the FEHB premiums.<br />

Collection for FEHB debts will be for the current pay period and one prior pay period<br />

until the debt is paid in full.<br />

There are various remarks that appear on the LES for FEHB Debts. Below are some of<br />

these remarks:<br />

• CASH PAYMENT PROCESSED FOR FEHB<br />

o This remark is produced when a payment for FEHB indebtedness is<br />

processed.<br />

• FEHB PREMIUM HAS BEEN PREPAID BY YOUR AGENCY DUE TO<br />

INSUFFICIENT PAY. THIS DEBT MUST BE REPAID EXCEPT FOR THOSE<br />

ELIGIBLE RESERVISTS IN SUPPORT OF CONTINGENCY OPERATIONS.<br />

o This remark is produced when an employee has insufficient funds during<br />

any pay period to pay the employee’s portion of the FEHB premium. The<br />

agency is automatically charged for the employee’s portion of the<br />

premium.<br />

• PREPAID FEHB PREMIUM DEBT COLLECTED<br />

o This remark is produced when an employee has a deduction or adjustment<br />

for FEHB that was previously paid by the agency.<br />

• RETROACTIVE ADJUSTMENT(S) FOR HEALTH BENEFITS PROCESSED<br />

o This remark is produced when an automatic collection for FEHB<br />

indebtedness is processed.<br />

Repayment Options<br />

These options normally apply to non-routine debts. However, an employee may submit<br />

payment in full for routine debts, if they wish. The DFAS-CL <strong>Payroll</strong> Office must be<br />

notified that payment in full has been submitted, with the date and amount of the payment<br />

so the automatic payroll deduction can be stopped.<br />

The employee can consent to pay the debt voluntarily or the Government can collect the<br />

debt involuntarily.<br />

Voluntary Repayment<br />

There are two methods for repaying a debt voluntarily:<br />

PS05-09.2 Page 3 of 18


1) A payment can be made by check or money order. The payments can be paid<br />

in one lump sum or at regularly established intervals. Checks or money orders<br />

for repayment of debts should have the employee’s SSN and “Debt Payment”<br />

written on the check and be made payable to DFAS-CL DSSN 8522 and<br />

mailed to:<br />

DFAS-CL<br />

P.O. Box 99559<br />

Cleveland, OH 44199<br />

2) The debt can be collected through payroll deduction using one of the<br />

following methods.<br />

a) A one-time deduction.<br />

b) Payment may be spread over more than one pay period for other than<br />

minor indebtedness amounts. The debt should be equal to at least 15% of<br />

the disposable pay in order to qualify for installment liquidation.<br />

Installment payments must be at least $25 per pay period and must be<br />

sufficient to liquidate the debt within three years. All installment<br />

payments that are less than 25% of the employee’s disposable net pay<br />

must be approved by the designated agency representative.<br />

Involuntary Repayment<br />

Recovery of the indebtedness by involuntary salary offset is for instances in which the<br />

employee has failed to either make a payment, authorize a voluntary one-time payroll<br />

deduction, or enter into an agreement with the payroll office for installment deductions.<br />

(see Attachment A – sample – Debt Collection <strong>Letter</strong> for Formal Due Process Debts)<br />

Waiver and Hearing Requests<br />

Waiver and hearing requests should be submitted by the employee to their HR <strong>Center</strong>.<br />

Employee instructions for requesting waivers and hearings are found in Attachment B of<br />

this letter and on the HHS Intranet Forms website<br />

at:http://intranet.hhs.gov/forms/hhs_forms.html<br />

PS05-09.2 Page 4 of 18


Hearing Request<br />

If an employee has reason to believe he or she was not overpaid or the amount of the debt<br />

is incorrect, the employee may submit a written request for review by a hearing officer<br />

within fifteen calendar days from the date of mailing of the notice. The request must<br />

raise a genuine issue of fact or law.<br />

Waiver Request<br />

Under certain circumstances, debt claims against an employee may be waived. Authority<br />

is provided by 5 USC 5584 and 4 CFR, parts 91 and 92, for the waiver of claims of the<br />

United States against an employee stemming from an erroneous payment of pay or<br />

allowances.<br />

It is the employee’s responsibility to review his/her LES and make an inquiry as to any<br />

unexplained increases in their pay and allowances.<br />

The employee may request a waiver of the overpayment if he/she believes that the<br />

overpayment occurred through administrative error and the employee was not aware of<br />

the error through receipt of any official document/notification.<br />

Amounts collected and later waived or found not owed will be promptly refunded to the<br />

employee unless otherwise provided by the statue or contract.<br />

Submission Requirements<br />

If an employee decides to apply for a waiver or hearing, he or she should follow the<br />

instructions for Request for Waiver of Overpayment or for Hearing (DHHS), Attachment<br />

B, and send the request to the HR <strong>Center</strong>. The request for waiver or hearing should<br />

include the reason for the request, whether the employee was aware or unaware of the<br />

overpayment, whether the employee put forth any effort to question the overpayment, and<br />

an actual request for a refund if the waiver is granted.<br />

Suspension of Collection<br />

DFAS will suspend collection of the debt pending waiver determination only if the<br />

OPDIV representative or HR <strong>Center</strong> requests suspension in writing.<br />

PS05-09.2 Page 5 of 18


The address is:<br />

DFAS Cleveland<br />

Civilian <strong>Payroll</strong> Office<br />

8899 E 56 th Street<br />

Indianapolis, IN 46249-1900<br />

The fax number is:<br />

Toll Free: 1 (866) 401-5849<br />

Commercial: 1 (317) 275-0354<br />

Hearing and Waiver Decision<br />

The employee will be directly notified of the hearing and waiver decision. A copy of the<br />

decision letter will also be forwarded to the DFAS-CL <strong>Payroll</strong> Office. The DFAS-CL<br />

<strong>Payroll</strong> Office is responsible for processing refunds of any amount collected and<br />

subsequently waived. The DFAS-CL <strong>Payroll</strong> Office must immediately initiate further<br />

collection action when informed of a waiver denial and collection action has been<br />

suspended.<br />

Administrative and Non-Salary Debts<br />

Administrative and Non-Salary debts are monies owed to the OPDIV or other<br />

Government agencies by employees. Examples include: recovery for travel advances,<br />

equipment, student loans, training, salary advances, emergency salary advances, and<br />

other Government agency debts.<br />

Debts owed to OPDIVS<br />

In order for an OPDIV to request recovery of a debt, they must submit the request to the<br />

DFAS-CL <strong>Payroll</strong> Office along with the Request for Recovery of Debt Due the United<br />

States by Salary Offset form (see Attachment C). This form is used for requesting<br />

recovery of a debt by salary offset and certifying that due process has been completed.<br />

The collection is processed through the employee’s payroll record, and the specified<br />

amount is withheld from the employee’s pay in single or multiple deductions.<br />

The request form must be sent directly to the DFAS-CL <strong>Payroll</strong> Office via the DFAS<br />

Imaging <strong>Center</strong>. For more information on sending documents to DFAS-CL <strong>Payroll</strong><br />

Office, see the Imaging Documents <strong>Payroll</strong> <strong>Letter</strong>. For more information on how to<br />

properly prepare the form, see PS05-02.1, Agency Administrative Offset <strong>Letter</strong>.<br />

PS05-09.2 Page 6 of 18


The address is:<br />

DFAS Cleveland<br />

Civilian <strong>Payroll</strong> Office<br />

8899 E 56 th Street<br />

Indianapolis, IN 46249-1900<br />

The fax number is:<br />

Toll Free: 1 (866) 401-5849<br />

Commercial: 1 (317) 275-0354<br />

Debts Owed to Other Government Agencies<br />

When federal agencies notify HHS of outstanding employee debts owed to their agency,<br />

the request for collection should be forwarded to the DFAS-CL <strong>Payroll</strong> Office via the<br />

DFAS Imaging <strong>Center</strong> using the revised form DD2481 – Request for Recovery of Debt<br />

Due the United States by Salary Offset. The address is:<br />

DFAS Cleveland<br />

Civilian <strong>Payroll</strong> Office<br />

8899 E 56 th Street<br />

Indianapolis, IN 46249-1900<br />

The fax number is:<br />

Toll Free: 1 (866) 401-5849<br />

Commercial: 1 (317) 275-0354<br />

These debts may automatically be collected by salary offset through the Treasury Offset<br />

<strong>Program</strong> (TOP). With each deduction taken the LES remark will state:<br />

$_(deduction amount) COLLECTED THIS PAY PERIOD FOR A $_(gross amount)_<br />

TREASURY OFFSET PROGRAM DEBT. CONTACT THE TOP CALL CENTER AT<br />

1-800-304-3107 FOR MORE INFORMATION.<br />

Additional remarks may be found on the employee’s LES for the collection of other<br />

government agency debts.<br />

PS05-09.2 Page 7 of 18


Court Ordered Garnishments<br />

Garnishments and bankruptcies are types of court ordered debts.<br />

Garnishments:<br />

There are garnishments for 1) child support and alimony and 2) commercial debts.<br />

DFAS Cleveland is the official record keeper for all of these documents and is<br />

responsible for processing them. Employees are instructed to contact DFAS Cleveland<br />

directly with questions concerning garnishments.<br />

Inquires and court orders should be sent to:<br />

DFAS-CL<br />

Code L<br />

PO Box 998002 <br />

Cleveland, OH 44199-8002 <br />

Or call:<br />

Toll Free: 1 888-332-7411<br />

For commercial debts, which include state and local indebtedness, a one time<br />

administrative fee of $75.00 per case shall be collected from the amount of the<br />

garnishment due to the creditor. The administrative fee will be collected in full before<br />

any payments are remitted to the creditor. An administrative fee will be assessed for each<br />

case if more than one commercial debt exists.<br />

Bankruptcy:<br />

Federal employees may file for bankruptcy under the provisions of 11 U.S.C. The court<br />

orders are sent to the DFAS-CL <strong>Payroll</strong> Office. The DFAS-CL <strong>Payroll</strong> Office processes<br />

the collection in accordance with the instructions in the court order.<br />

Debt collection inquiries from HR <strong>Center</strong>s on behalf of employees can be sent using<br />

the Peregrine system. The category is: DEBT COLLECTIONS and the subcategory is<br />

the type of debt such as: AGENCY DEBTS, BANKRUPTCY, IRS LEVIES, or<br />

SALARY OVERPAYMENTS. Inquiries can also be sent to the DFAS-CL <strong>Payroll</strong><br />

Office via the Imaging <strong>Center</strong>. The address is:<br />

DFAS Cleveland<br />

Civilian <strong>Payroll</strong> Office<br />

8899 E 56 th Street<br />

Indianapolis, IN 46249-1900<br />

The fax number is:<br />

PS05-09.2 Page 8 of 18


Toll Free: 1 (866) 401-5849<br />

Commercial: 1 (317) 275-0354<br />

D. Separated Employee Salary Debts<br />

Separated Employee Salary Debts for Former HHS Employees<br />

The <strong>Program</strong> <strong>Support</strong> <strong>Center</strong>’s (PSC), Financial Management <strong>Services</strong> (FMS) Debt<br />

Management Branch will continue to collect debts for employees who separate from<br />

HHS. (see Attachment D – Debt Collection <strong>Letter</strong> for Separated Employee Debts).<br />

If you have questions regarding the information contained in this letter, please contact<br />

your <strong>Payroll</strong> Customer Service Team.<br />

PS05-09.2 Page 9 of 18


Attachment A<br />

SAMPLE<br />

DEBT COLLECTION LETTER FOR FULL DUE PROCESS (NON-ROUTINE) DEBTS<br />

Each <strong>Payroll</strong> Office<br />

<strong>Letter</strong>head here<br />

(2A)Name<br />

(2B)Street<br />

City, State Zip<br />

(1)DATE: Month date, year<br />

Dear Name:<br />

An overpayment record has been generated on your pay account for pay period(s) ending<br />

________________(20). The gross amount of your overpayment (including pay, all taxes, benefits and<br />

other deductions) is ____________(5). The overpayment is the result of<br />

__________________________(4)change(s).<br />

Under the provisions of 31 CFR 901.2, payment of this debt is due within 30 days from the date of<br />

this letter. Your repayment options are:<br />

a. You may remit the repayment in the net amount of $__________(6) by check or<br />

money order payable to DFAS-CL DSSN ____(7), along with the payment coupon at the bottom of this<br />

letter to DFAS-CL, P.O. Box 99555, Cleveland OH 44199.______________________________(8).<br />

b. If you are unable to remit payment in full, you may submit the enclosed Voluntary<br />

Repayment Agreement to your civilian payroll office at the address on the letterhead above.<br />

c. If you do not repay the debt in full or establish a voluntary repayment schedule within<br />

____(9) days, we are required to collect the debt involuntarily from your pay, beginning on<br />

___________(10). The maximum amount deductible under these circumstances is 15 percent of your<br />

disposable pay each pay period until the debt is repaid in full. Our estimates of your disposable pay, based<br />

on current payroll information, is $__________(11). Therefore, the maximum deduction would be<br />

$__________(12), and repayment of the principal amount of the debt would take approximately _____(13)<br />

pay periods.<br />

We encourage your prompt payment as in accordance with 4 CFR 102. 13 and 31 USC 3717,<br />

interest at the Treasury tax and loan rate, penalties and administrative fees, may be assessed from the date<br />

of this letter on any part of the debt not paid within _____(9) days of the date of this letter.<br />

You may request copies of records we hold pertaining to your debt by contacting this office.<br />

If you have any questions about your debt you may contact your timekeeper for time and<br />

attendance corrections, or your personnel office for changes in personnel items or allowances. For general<br />

questions your Customer Service Representative (CSR) can either assist you or contact this office to obtain<br />

information relative to your needs. Your CSR cannot answer questions on debts more than 12 months old.<br />

Contact the payroll office Customer Service Desk, at (comm phone number), DSN (DSN prefix)(14) for<br />

action.<br />

You may request a hearing concerning the amount, validity of the debt, or the repayment schedule.<br />

A hearing only determines the validity of the debt and has no bearing on your ability or responsibility to<br />

PS05-09.2 Page 10 of 18


epay the debt. Should you choose to exercise this option, please submit your written request within 30<br />

days from the date of this letter to your civilian payroll office. Please include a statement and any<br />

supporting documents contesting the validity of the debt. Detailed guidance regarding hearings for<br />

erroneous payments under the authority of 5 USC 5514 are contained in regulations of the employing<br />

agency. ___________________ new fill-in-the-blank contains the agency’s web site.<br />

You may also request a waiver of repayment of the debt if you acknowledge the validity of the<br />

debt, but believe you should not be required to repay it. Although collection of your debt may continue<br />

after receipt of your waiver request, any amount collected by this office that is later waived will be<br />

refunded to you. Detailed guidance regarding waiver of claims for erroneous payments under the authority<br />

of 5 USC 5584 are contained in regulations of the employing agency. ___________________ new fill-inthe-blank<br />

contains the agency’s web site.<br />

Federal Statute 31 USC 3716 also requires that if you retire or resign before your debt is paid in<br />

full, your final pay (salary and lump sum payments) may be applied to liquidate your debt balance without<br />

further notification.<br />

Sincerely,<br />

(Signature Name)(15)<br />

Supervisor, Debt Processing<br />

_______________________________________________________________________<br />

Please remit with payment:<br />

Name___________(2A)___________________________ SSN____(17)____ PayBlk_(18)___ Code_(19)_<br />

Debt Dates_______(20)________ Debt Type_____(4)_____________ Creation Date ____(3)____<br />

Sequence Number___(21)______<br />

LOA__________(22)______________________________________________________<br />

_______________________________________________________________________<br />

Payment Amount Enclosed $______(23)____________.<br />

PS05-09.2 Page 11 of 18


Voluntary Repayment Agreement for Civilian <strong>Payroll</strong> Indebtedness<br />

I understand that I owe the amount indicated below due to a salary overpayment. Should I fail to return this<br />

repayment agreement, 15 percent of my disposable pay will be deducted beginning in the stated pay period.<br />

An estimate of this amount is shown below.<br />

I also understand that if I decide to repay the amount owed by any method other than in a lump sum<br />

payment, interest at the Treasury tax and loan rate may be charged on the unpaid balance every month until<br />

the debt is paid in full.<br />

Please sign and return this repayment agreement to your payroll office.<br />

Debt Reason<br />

Allowance (4)<br />

Sequence Number 12345 (21)<br />

Amount Owed $357.11 (6)<br />

Est. Disposable Net Amount $700. 00 (11)<br />

Est. Deduction Amount 15% of net disposable $105. 00 (12)<br />

PPE Deductions will begin July 1, 2008 (10)<br />

Code_(19)_ Debt Dates_______(20)________ Creation Date ____(3)____ <br />

LOA__________(22)______________________________________________________<br />

_______________________________________________________________________<br />

Employee's Name (2A) SSN: (17) Pay Blk (18) DB___ JANE<br />

C. SMITH 111-11-1111 301 ZFR<br />

I choose the following repayment plan (Check one):<br />

1. I am repaying what I owe in a lump sum. My payment in the amount of $______________is enclosed.<br />

2. Deduct from my salary the total amount in pay period ending _____.<br />

3. I do not want to pay it all at once. You may deduct $_________________ each pay period, which is<br />

more than 15 percent of my disposable pay.<br />

**4. I am unable to pay 15 percent of my disposable pay because of a financial hardship. You may deduct<br />

$__________ each pay period. This repayment amount has been approved by my employing agency.<br />

(Signature of agency approving official is required below).<br />

Signature: __________________________________ Date: _________________<br />

Daytime Telephone Number: _____________________________<br />

**Approving Official's Signature/Date:_________________________________<br />

PS05-09.2 Page 12 of 18


Attachment B<br />

Request for Waiver of Overpayment or for Hearing (DHHS)<br />

INSTRUCTIONS<br />

PLEASE CAREFULLY READ THE FOLLOWING INFORMATION BEFORE<br />

COMPLETING THE REQUEST FOR WAIVER OF OVERPAYMENT OR<br />

HEARING ON PAGE 2 OF ATTACHMENT B<br />

The Secretary shall collect on any claim of the United States for money or property<br />

arising out of the activities of the Department of Health and Human <strong>Services</strong>. 31 U.S.C.<br />

§ 3711(a). Any debt owed to the Department of Health and Human <strong>Services</strong> may be<br />

collected through administrative offset or wage garnishment. 31 U.S.C. § 3716(a); 31<br />

U.S.C. § 3720D. However, if an employee disputes the debt or the amount of the debt,<br />

he or she may make a timely written request for a hearing before any collection efforts<br />

are made. 45 C.F.R. § 30.15; 45 C.F.R § 32.5. Such a hearing, at the Department’s<br />

option, may be oral or written. 45 C.F.R. § 32.5. The employee may also request to have<br />

the debt waived if it arose due to an administrative error. 5 U.S.C. § 5584(a).<br />

The Secretary may waive a claim of the United States against an employee arising out of<br />

an erroneous payment of pay or allowances if the collection would be against equity and<br />

good conscience and not in the best interest of the United States. 5 U.S.C. § 5584(a).<br />

Should you wish to file a request for a waiver of overpayment or request a hearing<br />

regarding your indebtedness to the Department of Health and Human <strong>Services</strong>, check the<br />

appropriate space on the attached request form. Attach a separate statement specifying<br />

which decision you are disputing and explaining the reasons for the dispute to this<br />

request. You must also list any desired supporting witnesses and include any documents<br />

to support your request. Upon completion of this form, sign it, attach any supporting<br />

documents, and present all documents to your current Servicing Personnel Officer, or if<br />

you are a former employer, to your former Servicing Personnel Officer. Waiver of<br />

overpayment requests submitted by headquarters employees of the Office of the<br />

Secretary (OS) will be forwarded to the General Law Division of the Office of the<br />

General Counsel for review. Hearing requests will be forwarded to the Departmental<br />

Appeals Board for review. Waiver requests submitted by OS regional employees will be<br />

forwarded to the appropriate regional chief counsel’s office. Waiver requests for<br />

employees working in the DHHS Operating Divisions (OPDIV) will be reviewed by the<br />

employee’s employing operating Division.<br />

PRIVACY ACT NOTICE<br />

This notice is provided pursuant to Public Law 93-579, Privacy Act of 1974, 5 U.S.C. Section 552a, for individuals supplying information for a<br />

waiver/hearing request.<br />

Authority: This information is solicited pursuant to one or more of the following provisions: 5 U.S.C. § 5514, 31 U.S.C. § 3720D, 31 U.S.C. § 3716(a),<br />

45 C.F.R § 30.15, and 45 C.F.R § 32.5. Disclosure of the requested information is voluntary, but necessary for processing.<br />

Purposes and Uses: The primary use of the information supplied on this form is for evaluating claims arising out of an erroneous payment of pay or<br />

allowance. This information may be disclosed to the (1) Department of Justice for litigation or further administrative action; (2) to the Treasury<br />

Department; and (3) other agents of the Department of Health and Human <strong>Services</strong> to assist with collecting or compromising a debt. Social Security<br />

numbers are requested to identify the employee and the debt owed to the Department.<br />

Effects of Nondisclosure: Failure to supply the information will result in denial of a request.<br />

PS05-09.2 Page 13 of 18


Request for Waiver of Overpayment or for Hearing (DHHS)<br />

Instructions: Please carefully read the instructions on the reverse side of this form<br />

before completing the information below, and attach the information described in<br />

the instructions when you present your request.<br />

____________ I dispute the debt and/or the amount owed to the Department of<br />

Health and Human <strong>Services</strong> and request a hearing pursuant to the administrative wage<br />

garnishment and offset provisions. 45 C.F.R. § 32.5; 45 C.F.R. § 30.15. This hearing<br />

request has been submitted within fifteen days from the date of the collection notice.<br />

____________ I request a waiver of overpayment pursuant to 5 U.S.C. § 5584(a),<br />

because the overpayment occurred through an administrative error, and I was not aware<br />

of the error and could not have reasonably been expected to have known of the error<br />

through receipt of any official document e.g. Leave and Earnings Statements,<br />

Notification of Personnel Action, SF-50 etc. I am aware that I am not entitled to a<br />

hearing under the waiver provision. A separate statement explaining the overpayment<br />

and the reason(s) for my dispute is attached.<br />

____________ I do not request a waiver of overpayment pursuant to 5 U.S.C. §<br />

5584(a). However, I am requesting that any administrative charges and/or interest<br />

incurred due to my indebtedness be waived because the overpayment occurred through an<br />

administrative error. I was not aware of the error and could not have reasonably been<br />

expected to have known of the error through receipt of any official document, e.g. Leave<br />

and Earnings Statements, Notification of Personnel Action, SF-50), etc. A separate<br />

statement explaining the overpayment and the reason(s) for my dispute is attached.<br />

Employee Name ______________________________SSN:____________________<br />

Signature_____________________________________Date___________________<br />

Completed by the Servicing Personnel Office only<br />

Date Received __________Name ____________________Telephone Number ____________<br />

HR <strong>Center</strong> __________________________________ For OPDIV _______________________________<br />

PS05-09.2 Page 14 of 18


Guidelines for Completing the DD2481<br />

Attachment C<br />

SECTION 1: PAY AGENCY IDENTIFICATION<br />

a. Name – DFAS- Cleveland<br />

b. Address – 1240 E 9 th St, Rm 2381<br />

Cleveland, OH 44199<br />

SECTION 2: EMPLOYEE IDENTIFICATION<br />

a. Name – Last Name, First Name, Middle Initial<br />

b. Address – Employee’s complete mailing address<br />

c. Date of Birth<br />

d. Social Security Number – please include the complete number and not the last 4 digits<br />

SECTION 3: DEBT INFORMATION<br />

a. Reason for the Debt – self explanatory<br />

b. Date right to collect accrued – date the debt was generated<br />

c. Debt identification number, if any – maybe the employee’s SSN or some identifying<br />

information<br />

d. Original debt amount – self explanatory<br />

e. Number of installation – set amount or 15% of disposal pay<br />

f. Interest due – self explanatory<br />

g. Penalty due – self explanatory<br />

h. Administrative cost – self explanatory<br />

i. Total collection to be made – self explanatory<br />

j. Commence deductions on – effective date that collection will start<br />

SECTION 4: DUE PROCESS<br />

a. Creditor component 30 day salary offset notice – day the employee was notified of<br />

the overpayment<br />

b. Employee did not respond – self explanatory<br />

c. Employee requested a hearing – self explanatory<br />

d. Hearing held – self explanatory<br />

e. Decision for creditor component – self explanatory<br />

f. Other – self explanatory<br />

SECTION 5: CREDITOR COMPONENT INFORMATION<br />

a. Name – Creditor (HHS OPDIV)<br />

b. Address – HHS OPDIV complete mailing address<br />

c. Accounting classification – complete accounting classification that the overpayment will be<br />

collected into<br />

d. Document number, optional<br />

e. Certifying Official – Name and signature and telephone number for questions.<br />

PS05-09.2 Page 15 of 18


PS05-09.2 Page 16 of 18


Attachment D<br />

SAMPLE<br />

DEBT COLLECTION LETTER FOR SEPARATED EMPLOYEES<br />

Each <strong>Payroll</strong> Office<br />

<strong>Letter</strong>head here<br />

(2A)Name<br />

(2B)Street<br />

City, State Zip<br />

(1)DATE: Month date, year<br />

Dear Name:<br />

An overpayment record has been generated on your pay account for pay period(s) ending<br />

________________(20). The gross amount of your overpayment (including pay, all taxes, benefits and<br />

other deductions) is ____________(5). The overpayment is the result of<br />

__________________________(4).<br />

Under the provisions of 31 CFR 901.2, payment of this debt is due within 30 days from the date of<br />

this letter. You may remit the repayment in the net amount of $__________(6) by check or money order<br />

payable to DFAS-CL DSSN ____________________(7), along with the payment coupon at the bottom of<br />

this letter to ____________________(8).<br />

If you do not repay the debt in full within ___(9) days it will be forwarded to the Office of<br />

Personnel Management (OPM) or the office that handles your agency’s ‘out-of-service’ debts for further<br />

action.<br />

We encourage your prompt payment as in accordance with 4 CFR 102. 13 and 31 USC 3717,<br />

interest at the Treasury tax and loan rate, penalties and administrative fees, may be assessed from the date<br />

of this letter on any part of the debt not paid within _____(9) days of the date of this letter.<br />

You may request copies of records we hold pertaining to your debt by contacting this office.<br />

If you have any questions about your debt you may contact your timekeeper for time and<br />

attendance corrections, or your personnel office for changes in personnel items or allowances. For general<br />

questions your Customer Service Representative (CSR) can either assist you or contact this office to obtain<br />

information relative to your needs. Your CSR cannot answer questions on debts more than 12 months old.<br />

Contact the payroll office Customer Service Desk, at (comm phone number), DSN (DSN prefix)(14) for<br />

action.<br />

You may also request a waiver of repayment of the debt if you acknowledge the validity of the<br />

debt, but believe you should not be required to repay it. Although collection of your debt may continue<br />

after receipt of your waiver request, any amount collected by this office that is later waived will be<br />

refunded to you. Detailed guidance regarding waiver of claims for erroneous payments under the authority<br />

of 5 USC 5584 are contained in regulations of the employing agency.<br />

___________________ new fill-in-the-blank contains the agency’s web site.<br />

Sincerely,<br />

PS05-09.2 Page 17 of 18


(Signature Name)(15)<br />

Supervisor, Debt Processing<br />

_______________________________________________________________________<br />

Please remit with payment:<br />

Name___________(2A)___________________________ SSN____(17)____ PayBlk_(18)___ Code_(19)_<br />

Debt Dates_______(20)________ Debt Type_____(4)_____________ Creation Date ____(3)____<br />

Sequence Number___(21)______<br />

LOA__________(22)______________________________________________________<br />

______________________________________________________________________<br />

Payment Amount Enclosed $______(23)____________.<br />

PS05-09.2 Page 18 of 18

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